Personal Representative's Deed (Personal Representative's Deed of Sale) - Maine

IMPORTANT LEGAL NOTICE
This is a fiduciary deed executed by the Personal Representative of a decedent's estate under the Maine Probate Code (Title 18-C). Under 18-C M.R.S. 3-715(23), a personal representative may acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and under 18-C M.R.S. 3-704 the personal representative may proceed without a court order except as otherwise provided. This deed conveys only the title the decedent held and provides a LIMITED (special) warranty in the nature of a Maine "quitclaim deed with covenant" — the Personal Representative warrants only against claims arising by, through, or under the Personal Representative, and not as to the decedent's own title. Maine imposes a Real Estate Transfer Tax (36 M.R.S. 4641) unless exempt. Obtain title insurance for complete protection.

PERSONAL REPRESENTATIVE'S DEED

(Personal Representative's Deed of Sale — Quitclaim with Covenant)

State of Maine

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Maine Bar No. (if attorney): __________________

PROPERTY INFORMATION

ESTATE / PROBATE INFORMATION

MAINE REAL ESTATE TRANSFER TAX

Transfer Tax Exemptions (36 M.R.S. 4641-C)

☐ Transfer to or from governmental entity
☐ Transfer to confirm title already vested
☐ Transfer without consideration (distribution to a devisee or heir)
☐ Other exemption: ________________________________

Form RETTD (Declaration of Value) Required: ☐ Yes ☐ No (exempt)

PARTIES

GRANTOR (Personal Representative of the Estate):

Name: [PERSONAL REPRESENTATIVE FULL LEGAL NAME]

Acting solely in the representative capacity as:
☐ Personal Representative of the Estate of [DECEDENT NAME]
☐ Executor of the Estate of [DECEDENT NAME]
☐ Administrator of the Estate of [DECEDENT NAME]

Mailing Address: [FULL ADDRESS]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS] (REQUIRED per 33 M.R.S. 201)

Manner of Holding Title:
☐ As a single person
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As a Maine limited liability company
☐ As a Maine corporation
☐ As Trustee of [Trust Name]

AUTHORITY OF PERSONAL REPRESENTATIVE

The undersigned Grantor was duly appointed and qualified as the Personal Representative of the Estate of [DECEDENT NAME], Deceased, by the [COUNTY] County Probate Court, Docket No. [DOCKET NUMBER], and Letters were issued on [__/__/____] and remain in full force and effect. Grantor makes this conveyance pursuant to the following authority (check all that apply):

☐ Statutory power to dispose of estate assets (18-C M.R.S. 3-711; 3-715(23)). As Personal Representative, Grantor has the power to acquire or dispose of an asset, including land, for cash or on credit, at public or private sale, and is entitled to act without a court order except as otherwise provided (18-C M.R.S. 3-704).

☐ Power of sale under the Will. The decedent's Last Will and Testament, admitted to probate in the above estate, confers upon the Personal Representative the power to sell and convey real property of the estate.

☐ Court order. By order of the [COUNTY] County Probate Court entered on [__/__/____], the Personal Representative was authorized to sell and convey the real property described herein.

A person dealing in good faith with the Personal Representative for value is protected under 18-C M.R.S. 3-714.

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [PERSONAL REPRESENTATIVE NAME], of [TOWN], County of [COUNTY], State of Maine, solely as [Personal Representative/Executor/Administrator] of the Estate of [DECEDENT NAME], Deceased ("Grantor"), in consideration of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]) paid by [GRANTEE NAME] of [TOWN], County of [COUNTY], State of [STATE] ("Grantee"), the receipt whereof is hereby acknowledged, does hereby remise, release, and forever QUITCLAIM WITH COVENANT unto the said Grantee, and Grantee's heirs and assigns forever, all of the right, title, and interest of the decedent and of the estate in and to a certain lot or parcel of land situated in [TOWN], County of [COUNTY], State of Maine, bounded and described as follows:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Source of Title (Standard Maine Conveyancing Practice)

Meaning and intending hereby to convey the same premises conveyed to the decedent, [DECEDENT NAME], by [DEED TYPE] of [PRIOR GRANTOR] dated [DATE] and recorded in the [COUNTY] County Registry of Deeds in Book _____, Page _____.

Property Conveyed

TOGETHER with all privileges and appurtenances thereto belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in streets and ways adjoining the Property
☐ All shore and water rights appurtenant to the Property
☐ All timber and mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same unto the said Grantee, Grantee's heirs and assigns forever.

COVENANT OF WARRANTY (Limited / Fiduciary)

Scope of Warranty

THIS IS A PERSONAL REPRESENTATIVE'S DEED, a quitclaim with covenant conveying the Property in a fiduciary capacity. Grantor conveys only such right, title, and interest as the decedent held at death and as the estate is empowered to convey, and Grantor, for Grantor in the representative capacity, does COVENANT WITH the said Grantee, Grantee's heirs and assigns, ONLY that:

1. Grantor is the duly appointed, qualified, and acting Personal Representative of the estate, with authority to make this conveyance;
2. Grantor has done nothing to encumber the Property during the administration of the estate; and
3. Grantor will WARRANT AND DEFEND the same to the Grantee, Grantee's heirs and assigns, against the lawful claims and demands of all persons claiming by, through, or under Grantor in the representative capacity, but against none other.

No Personal or General Warranty

Grantor makes NO covenant or warranty as to the decedent's title and assumes NO personal liability in conveying the Property. Grantor does NOT warrant against:

☐ Title defects existing before or during the decedent's ownership
☐ Liens or encumbrances created by the decedent or by prior owners
☐ Claims of parties not claiming through Grantor in the representative capacity
☐ Any matters affecting title not caused by Grantor's acts as representative

Comparison of Maine Deed Types

EXCEPTIONS TO COVENANT

This conveyance is made SUBJECT TO:

Standard Exceptions

☐ All taxes and assessments not yet due and payable
☐ Zoning ordinances and building regulations
☐ Easements, restrictions, and conditions of record
☐ Rights of utility companies
☐ State of facts an accurate survey would show
☐ Claims and rights of creditors of the estate, if any

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____, [COUNTY] County Registry of Deeds

2. [SPECIFIC EXCEPTION] — Recorded in Book _____, Page _____, [COUNTY] County Registry of Deeds

☐ See Exhibit B for additional exceptions

EXECUTION

IN WITNESS WHEREOF, the said Grantor, as Personal Representative and not individually, has hereunto set Grantor's hand and seal this _____ day of _________________, 20_____.

GRANTOR SIGNATURE (Personal Representative)

________________________________________  (SEAL)
[PERSONAL REPRESENTATIVE NAME],
solely as [Personal Representative/Executor/Administrator]
of the Estate of [DECEDENT NAME], Deceased,
and not individually

ACKNOWLEDGMENT

NOTE: Maine requires notarial acknowledgment but does NOT require witnesses for deed execution (33 M.R.S. 203).

Fiduciary Acknowledgment (Maine)

STATE OF MAINE
COUNTY OF ______________, ss.                    Date: _________________

Personally appeared the above-named ____________________________________,
in his/her capacity as [Personal Representative/Executor/Administrator] of
the Estate of ___________________________, Deceased, and acknowledged the
foregoing instrument to be his/her free act and deed in said capacity and
the free act and deed of said estate.

Before me,

________________________________________
Notary Public / Attorney at Law
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[TOWN], Maine [ZIP]

County: [COUNTY]
Town/Municipality: [TOWN]
Tax Map/Lot: Map _____, Lot _____

Source of Title: Book _____, Page _____, [COUNTY] County Registry of Deeds

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example format:
A certain lot or parcel of land situated in the Town of [TOWN], County of [COUNTY], and State of Maine, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

Containing _____ acres, more or less.

Being the same premises conveyed to the decedent, [DECEDENT NAME], by deed of [PRIOR GRANTOR] dated [DATE] and recorded in the [COUNTY] County Registry of Deeds in Book _____, Page _____.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

1. ________________________________________________________________ (Book _____, Page _____)

2. ________________________________________________________________ (Book _____, Page _____)

MAINE RECORDING REQUIREMENTS

Filing Information

• Filing Office: Registry of Deeds, [COUNTY] County, Maine
• Multiple Counties: If property is in more than one county, record in each (33 M.R.S. 201)
• Recording Fee: $35 flat fee per privately requested instrument under 33 M.R.S. § 751, effective January 1, 2026; confirm separately authorized copy, postage or service charges.

Transfer Tax (36 M.R.S. 4641-A)

• Rate: $2.20 per $500 (or fractional part) of value, up to $1,000,000; imposed 1/2 on Grantor, 1/2 on Grantee
• Additional Rate (transfers on/after 11/01/2025): additional $3.80 per $500 on value exceeding $1,000,000
• Form RETTD: Declaration of Value required unless exempt

Document Requirements (33 M.R.S. 201, 201-A, 203, 456)

☐ Written instrument signed by Grantor in fiduciary capacity, under seal
☐ Source of title / reference to decedent's acquiring deed (standard Maine practice)
☐ Complete legal description
☐ Grantee's name and mailing address (street, municipality, state — 33 M.R.S. 456)
☐ Acknowledged before notary or attorney (33 M.R.S. 203)
☐ Form RETTD (Declaration of Value) unless exempt; transfer tax paid

NOTE: 33 M.R.S. 201-A does not itself require every deed to state a source of title; it governs when an exception, reservation, or recital in a conveyance gives actual notice of another instrument (requiring a book/page reference or adequate description). Reciting source of title and a complete legal description remains standard Maine practice and is expected for title examination.

Authority Documentation (have available)

☐ Letters (Personal Representative / Executor / Administrator)
☐ Certified copy of admitted Will (if relying on a will power of sale)
☐ Certified copy of Probate Court order (if a court order was required)

Statutory References

• 18-C M.R.S. 3-711 — Powers of personal representatives; in general
• 18-C M.R.S. 3-715(23) — Transactions authorized; acquire/dispose of asset including land
• 18-C M.R.S. 3-704 — Personal representative to proceed without court order; exception
• 18-C M.R.S. 3-714 — Persons dealing with personal representative; protection
• 33 M.R.S. 201, 201-A, 203 — Recording priority; conditions of actual notice; acknowledgment
• 33 M.R.S. 751 — Recording fee schedule
• 36 M.R.S. 4641 et seq. — Real Estate Transfer Tax

TITLE INSURANCE NOTICE

IMPORTANT: Because this is a Personal Representative's Deed conveying only a fiduciary's limited interest with LIMITED warranty, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance and to confirm that the estate's authority to convey (will power, or court order where required) is documented.

☐ Grantee acknowledges receipt of this recommendation

END OF PERSONAL REPRESENTATIVE'S DEED

Maine Probate Code (Title 18-C); Maine Revised Statutes Title 33